Sakina Muhammad Jan: Mother jailed for forcing daughter Ruqia Haidari to marry killer calls for mercy

A mother who forced her youngest daughter to marry the man who would kill her has called for mercy, arguing her daughter’s death was “punishment enough”.

Sakina Muhammad Jan, aged about 48, was the first person convicted on the charge of forced marriage in Australia and was jailed for three years in July.

Following a lengthy trial, a jury found Jan had coerced her daughter Ruqia Haidari, 21, to marry Mohammad Ali Halimi against her wishes in late 2019.

About six weeks after the newlyweds moved to Perth, Ms Haidari was murdered by her new husband, who was jailed for life in 2021.

Supported by tearful family and community members, Jan appeared in the Court of Appeal on Tuesday seeking leave to appeal against her sentence.

Her lawyer, Patrick Tehan KC, asked the panel of three judges to find Judge Fran Dalziel had made errors when weighing up the sentence to impose, including not taking into account Jan’s hard life, mental health struggles and the impact on her remaining family.

He argued the sentence was manifestly excessive and called on the court to overturn it, recognise the four months she has already served and instead impose a community corrections order “of such length as the court sees fit”.

“This family and this woman have been in an extraordinary position for the last five to six years,” he said.

The court was told Jan had been born into the persecuted Hazara minority in Afghanistan in about 1976, did not get an education, was married at age 12 and had family murdered by the Taliban.

She was forced to flee the country after her husband was killed, living in Pakistan until 2013 when she was relocated to Australia with her children as refugees.

Mr Tehan said her case clearly called for mercy and argued Judge Dalziel had failed to take this into account.

He argued the devastating consequence of Ms Haidari’s murder was “punishment enough” for Jan.

“There are cases where a civilised society would say that is enough,” Mr Tehan said.

“That is this case because the killing of the deceased is a reminder to the community of the serious consequences that can come about.”

Mr Tehan said Jan had been told by a matchmaker that Halimi was a “good, religious man who worked hard” and had visited the couple shortly after they moved to Perth.

“In spite of those factors her daughter still lost her life,” he said.

“The point is the necessity to make clear to everyone in this country that forced marriage is against the law is so trite.”

The court was told Jan’s visa had been cancelled on October 14 as a result of her sentence and that when she was released from prison she would be taken into immigration detention.

Mr Tehan said going back to Afghanistan was “not an option” for Jan, with the best case being a more than year-long wait as she seeks a protection or bridging visa.

Worst-case scenario, he said, would be deportation to a third country under new laws proposed by the Australian government in the wake of the NZYQ High Court ruling.

Darren Renton SC, for the Crown, argued none of the matters put before the court by Mr Tehan were would have materially impacted Judge Dalziel’s sentence.

He said while the sentence was “firm”, Her Honour had clearly considered all the factors that would lessen Jan’s sentence in her original sentencing.

“This is a court of error not a court of having a second crack if I can put it colloquially,” he said.

Sentencing Jan, Judge Dalziel accepted that she held the mistaken belief that what she was doing was in her daughter’s best interests.

Ms Haidari and Halimi had been introduced by an Islamic community member in Shepparton, with Jan approving an arranged marriage a week later.

She was paid a $14,000 dowry for her youngest daughter’s hand in marriage.

They were engaged in a one-year temporary marriage, or Nikah, to get to know each other, but Jan pressured her youngest daughter to enter a full marriage in August the same year.

“Are you my mother or am I your mother? I can make decisions for you,” Jan said when Ms Haidari said she wanted to study before she was married.

Justices Karin Emerton, Lesley Taylor and Christopher Boyce reserved their decision and will hand down a judgment at a later date.

They refused an application for Jan to be given bail until the decision, with Justice Emerton saying the majority of the bench do not consider her prospects of appeal as so good as to warrant bail.